Property Lines And Fence Laws In Alabama
However before you do anything make sure you know where the boundaries of your property are. What can you do if someone builds something on my property in Alabama.
Title to property is usually transferred by means of a deed.
Property lines and fence laws in alabama. The law regarding fence and boundary line disputes is a combination of legislative statute and case law. Alabama easement laws on property boundaries and lines for both real property and land. Read this complete Alabama Code Title 35.
Alabama law does not make this action a crime although theft or property damage laws may. The Owenses contend that the boundary line is an old fence line that lies several feet to the west of the line described in their deed. Legally this is a type of property easement that is earned by regular use of the property.
Neighbor put up a 6 foot wood fence on surveyed property line due to his pit bulls roaming the neighborhood and terrorizing people. Advice on how to handle and settle boundary line disputes. Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise.
With respect to height most local residential and planned development rules usually restrict backyard fences to a height of six feet and front yard fences to a height of four feet. In some cases title to or use of property can be acquired by merely occupying and using the property for an extended time. Or if any person makes a fence a partition fence by joining to or using it as such he must pay to the person erecting it his proportion of the expense taking into consideration the condition of such fence at the time it is so joined to or used.
Consequently when a fence needs repair both property owners must share the cost. The fence was installed without asking me what i thought or if i even wanted the fence. If you set a fence inside your property line and your neighbor is able to use the property outside of the line that portion of your property may fall under prescriptive easement.
Partition fences between improved lands are to be erected and repaired at the joint expense of the occupants. If one party refuses to cooperate. In the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines.
Most fence issues revolve around the height location and appearance of the fence and whether there has been an encroachment of the legal boundary lines by an adjoining property owner. Find a Real Estate Attorney in AL to help settle real property and land disputes. Additionally Neighbor B is responsible for maintaining the fence and yard that leads up to the fence on his or her side.
Fortunately there are number of ways to handle an encroachment. You are about to begin discussions with your neighbors and do not want to cause any ill will over mistaken boundaries. And when the boundary lines of two or more tracts depend upon the same common point line or landmark and action may be brought by the owner or any person interested in any of such tracts against the owners or persons interested in the other tracts to have all the boundary lines established.
Alabama law does recognize that actual possession of the property in question such as erecting fences grazing livestock growing crops or gardening on the property in question is generally sufficient to establish this element. Actions may be brought by any person owning land or any interest therein against the owner or person interested in adjoining land to have the boundary lines established. If the fence is made of rails the rails must be not more than four inches apart from the ground to the height of every two feet.
In practice this means that if Neighbor A decides to build a fence on the property line shared with Neighbor B Neighbor B generally has to pay for half of it. Alabama Code Title 35. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw the industry-leading online legal research system.
The property owners entire property is enclosed by the attachment of other fencing to the boundary fence. Property line fence law in alabama. The law places responsibility on both parties because both benefit from the fence.
Any fence or fence-like structure unnecessarily exceeding 10 feet in height maliciously erected or maintained to annoy owner or occupant of adjoining property is a private nuisance Tree Trimming May not cut down or damage tree on neighbors land. Partition fences within the meaning of this chapter are fences erected on the line between lands owned by different persons. Sometimes even a hedge can act as a boundary.
Property 35-7-1 on Westlaw. If the fence is made of palings the palings must be not more than three inches apart. All inclosures and fences must be made at least five feet high unless otherwise provided in this chapter.
Todd argues that the boundary line is the eastern line of the Owenses property as that line is described in the deed by which Loyd Owens received the property in 1954. Alabama Boundary Fence Laws A boundary fence is a fence that is located on or near a property line though the exact definition can vary by state. While your neighbor would not gain a legal title to the land or be able to sell it they may be able to claim a legal right to use the property.
Alabama recognizes that the property need only be utilized in a manner consistent with how a true owner would use that particular type of property so what might be satisfy this open and notorious element for vacant land may not be the same for improved property.
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